Priti W/O Ratnadeep Gajbhiye @ Priti D/O Ashokrao Gote v. Ratnadeep S/O Pradeep Gajbhiye

-1- 15.MCA.80.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION (TR.) NO. 80 OF 2024 Sau. Priti W/o. Ratnadeep Gajbhiye @ Priti D/o. Ashokrao Gote Vs.

Ratnadeep S/o. Pradeep Gajbhiye ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Ms. P.N. Lakhani, Advocate for the Applicant. CORAM : G. A. SANAP, J.

DATED : 19 th JULY, 2024.

.

Heard learned advocate for the applicant. The nonapplicant and his advocate are absent. Reply is not filed. 2.

This is an application for transfer of Petition No. A 1058/2023, pending on the file of learned Principal Judge, Family Court at Nagpur, to the Court of Civil Judge (Senior Division), Hinganghat, Dist. Wardha.

3.

It is stated that the non-applicant has driven out the applicant from the matrimonial home. The applicant, with her 21⁄2-year-old child, has been staying at the house of her parents at Hinganghat. She has filed the application under Section 125 of the Code of Criminal Procedure, 1973, in the Court of Judicial Magistrate, First Class, Hinganghat. It is stated that she is finding it very difficult to attend the Family Court at Nagpur. The non-applicant has not made any provision for her maintenance.

-2- 15.MCA.80.2024.odt 4.

The non-applicant, though served, has not filed reply. The statements made in the application have gone unchallenged and uncontroverted. The facts stated in the application, in my view, are sufficient to make out a case for transfer of the proceeding from Nagpur to Hinganghat. The distance between Nagpur and Hinganghat is 76 km. The applicant is not doing service. She is a home marker. The nonapplicant, as per the application, is doing business at Nagpur. In the facts and circumstances, considering the inconvenience caused to the applicant, it would be just and proper to grant her prayer. Hence, the following order:

ORDER

i] The Application is allowed.

ii] Petition No. A 1058/2023, pending on the file of learned Principal Judge, Family Court at Nagpur, be transferred to the Court of Civil Judge (Senior Division), Hinganghat, Dist. Wardha, for decision in accordance with law.

iii] The Application stands disposed of in the aforesaid terms. No order as to costs.

(G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 22/07/2024 13:10:51